TRANS-PACIFIC FRGT. CONF. OF JAPAN v. FEDERAL MARITIME BD.

No. 16423.

302 F.2d 875 (1962)

TRANS-PACIFIC FREIGHT CONFERENCE OF JAPAN, American Mail Line, Ltd., et al., Petitioners, v. FEDERAL MARITIME BOARD, now Federal Maritime Commission, and United States of America, Respondents, States Marine Lines, Inc., and Global Bulk Transport Corporation, Intervenors.

United States Court of Appeals District of Columbia Circuit.

Decided April 12, 1962.


Attorney(s) appearing for the Case

Mr. Charles F. Warren, Washington, D. C., with whom Mr. Alexander D. Calhoun, Jr., San Francisco, Cal., was on the brief, for petitioners.

Mr. Robert E. Mitchell, Deputy Gen. Counsel, Federal Maritime Commission, with whom Messrs. James L. Pimper, Gen. Counsel, Federal Maritime Commission, and Richard A. Solomon, Atty., Dept. of Justice, were on the brief, for respondents. Mr. Edward Aptaker, Asst. Gen. Counsel, Federal Maritime Commission, also entered an appearance for respondent, Federal Maritime Commission. Mr. Irwin A. Seibel, Atty., Dept. of Justice, also entered an appearance for respondent, United States.

Mr. George F. Galland, Washington, D. C., with whom Mrs. Amy Scupi, Washington, D. C., was on the brief, for intervenors. Mr. Robert N. Kharasch, also entered an appearance for intervenors.

Before WILBUR K. MILLER, Chief Judge, and WASHINGTON and BASTIAN, Circuit Judges.


WASHINGTON, Circuit Judge.

This case raises questions as to the authority of the Federal Maritime Board1 to issue restraining orders against a regulated group, pending final determination of complaints made against it.

The order now before us on appeal directs petitioners, the Trans-Pacific Freight Conference of Japan and its members, to refrain from assessing fines against intervenors, States Marine Lines, Inc., and its affiliate...

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